The state of California has the highest number of death risks for pedestrians compared to the states in the country. According to the latest statistics available, there have been an increase of 7 percent in the number of pedestrian deaths in the Golden State compared to the past years. An approximate 22 percent of traffic fatalities are pedestrian deaths, thus leading th state to fortify their pedestrian laws and provide and fund safer road projects for pedestrians.
Aside from the government providing safer roads and crosswalks, pedestrians should also be aware of their rights when on the road. According to the website of The Seegmiller Law Firm, there are many factors needed to establish fault than just merely being a victim of a moving vehicle. When both parties deny any fault in the accident or refuse to take blame, then the power to decide who caused the accident will go to the insurance adjusters and law enforcement. They will be the one to review evidence to determine the specific cause of the accident and who should be paying for compensation.
The California Vehicle Code 21950 (a& c) states that the “driver of a vehicle shall yield the right-of-way to the pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce speed of the vehicle or any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.” Although this specifies only at crosswalks at intersections, it is generally the rule for drivers to yield to pedestrians whether the crosswalk is marked or not.
However, there is still ambiguity in the laws that protect pedestrians and drivers. The bottom line is, regardless of whether you are a pedestrian or a driver, you have the responsibility of ensuring your own safety and being fully aware of your surroundings. Anyone who has acted recklessly or was negligent will have a difficult time proving their innocence even harder time to win compensation for insurance companies.read more